My husband used a credit card out of financial desperation before we met. At the time the interest was low and he would have been able to pay it off but then suddenly they raised the interest rate to the highest and he was unable to pay. He informed them of this and they didn't care. Now years later he has a court summons. I just wondered if we need worry about the outcome.
2006-10-26 23:55:10 · 15 answers · asked by JAM 3 in Politics & Government ➔ Law Enforcement & Police
BACON's Rebellion in the Massachusetts during the early part of the United States was the end of "Debtors Prison". Your husband CANNOT go to jail for not paying his debt, but several things could happen.
1) Check the clause's on his credit agreement, these will state what the crediting agency has the right to reposes in case of default payments.
2) The crediting agency can and will place a record of this on his credit report for everyone in the future to see, possibly even future employers.
3) The crediting agency can take him to civil court. If he does not appear, the just will automatically find him guilty.
4) If he appears, and the judge determines that he has enough money to pay the debt, he can order your husband to pay, if he doesn't pay, he can be found in contempt ---- This is the only case in which your husband can actually go to jail, other than if he purgers himself during the trial.
-Good Luck, Hooah.
2006-10-27 02:58:37 · answer #1 · answered by libertyecg 2 · 1⤊ 0⤋
No he will not be jailed unless he committed fraud to get the credit card. We do not have debtors prison. What will happen is the judge will put a lien on your house and maybe will garnishee part of his paycheck in order to pay the bill off. Be sure to get an attorney so that they don't take too much out of each check.
2006-10-27 00:07:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
all the solutions given so for are greater or much less appropriate with one caveat. and that i make this caveat via fact which you probably did no longer let us know if a judgment has been entered or no longer and you point out this deal a pair of subpoena. In Oklahoma and Kansas, and that i think of in maximum different states, if a judgment has been issued. The creditor can serve a summons on the debtor to attend an asset listening to. on the asset listening to the debtor ought to reply to questions below oath approximately his sources. If acceptable provider is made on the debtor and he would not take place for the asset listening to, the creditor will ask for and the decide will enter a bench warrant for civil contempt. If that occurs and the debtor get pulled over or rapidly greater finally ends up giving his identity to the police, he would be arrested and jailed for civil contempt. it is a actual way for somebody to flow to reformatory. even though it is reformatory no longer for being in debt, yet for refusing to look on the asset listening to.
2016-10-03 00:32:36 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Okay, pay attention.
1. No, he can't be sent to jail.
2. He MUST show up in court, if not, they will win by default.
In court he should challenge the debt based on the statute of limitations. In many states if the debt is more than three years old, and he's made no payments during the last three years, the debt can no longer be collected. The case will be dismissed.
He should also make them PROVE it's his debt. Many times, with old debt, there's no paperwork showing who signed to open the account. If they can't prove it's his the case will be dismissed.
If he's an idiot and fails to show up in court none of this matters.
2006-10-27 01:49:03 · answer #4 · answered by Yak Rider 4 · 1⤊ 1⤋
It is a basic principle in American law that you do not go to jail for unpaid debts, unless the money owed is to the GOVERNMENT. Unless they charge him with running some kind of scam (which does not seem to be the case here) and can prove his intent to defraud the companies, it is a civil case not a criminal one.
They can seize his assets, garnish his wages and take a large percentage of his income for the rest of his life until he finishes paying (which will be never given the high interest rates).
Given the new bankruptcy laws, it will be very difficult to discharge the debts but your best bet is to consult a bankruptcy lawyers. It might be the best $80-$100 you ever spent!
2006-10-27 00:12:14 · answer #5 · answered by TrueSoul 4 · 1⤊ 1⤋
No. Debt is a civil matter...not a criminal matter. The worst that can happen is that he can have a judgment filed against him. This will effect his credit negatively, but "Debtors' Prison" does not exist in the United States.
Debt is different from fraud. A person CAN be sent to jail for criminal fraud if it can be proved that the intent was to defraud the credit card company...although the chance of that is very, very slim.
2006-10-27 00:05:48 · answer #6 · answered by 4999_Basque 6 · 0⤊ 1⤋
There is no debtor's prison in the US. However, he must appear in court, otherwise the company will win by default. They may be able to seize some of his assets and/or garnish some of his earnings. But jail is not a possibility, unless there was a deliberate attempt to defraud, which does not seem to apply here.
2006-10-27 03:19:27 · answer #7 · answered by Tony M 7 · 0⤊ 1⤋
He is going to court on a "judgement". At the judgement, it will be determined how he will pay back the debt. Most of the time there is a lien placed on bank accounts or garnishment of wages. They will ask him what he plans to do and take that into consideration. There will be NO jail time! Next time, don't let it go that far, talk to the creditors.
2006-10-27 00:06:15 · answer #8 · answered by Barbara 5 · 1⤊ 1⤋
Instead of jail, most likely they will seize your assets to pay for your debt.
2006-10-27 00:01:40 · answer #9 · answered by WC 7 · 1⤊ 1⤋
don't worry nobody has been sent to jail yet out of credit card mess
2006-10-27 00:01:48 · answer #10 · answered by dulcie l 1 · 1⤊ 2⤋